Koodankulam: Indian democracy under nuclear threat

When charged with sedition under the same section of the Penal Code in British India, Mahatma Gandhi said “sedition is the highest duty of the citizen”. It is time to ask who is seditious? The fishermen of Koodankulam fighting for their livelihood or our policy elites? When it comes to nuclear, truth and democracy become the first casualties.

P K Sundaram

The government has resorted to slapping an 1860 vintage legislation (Section 124 A of the Indian Penal Code) against the agitating people in Koodankulam. In this colonial provision enacted by the British, “to excite disaffection towards the Government established by law in India” is defined as sedition. The cases, including 121 (waging war against country) and 124-A (sedition), have been slapped against 3,015 persons, including leading activists like Dr. S P Udayakumar, M. Pushparayana and Father Jayakumar.

The charges came in the context of the recent mid-sea protest organized by local fishermen on the World Fisheries Day on November 21st. Around thousand fisherfolk, including women and children, in about 300 boats, staged a mid-sea protest with black banner and posters highlighting concerns in Koodankulam. The agitation has raised questions that have wider implication for the environment, livelihood and safety in the region as well as the larger issues of democracy, transparency, development and sustainability.

The 25-year old Koodankulam protests have been marked with their non-violent method and large participation of women and children, across religious and community barriers. But the government has resorted to repression and slander from the very beginning. When more than 15,00 people gathered in Kanyakumari in 1989, the police opened fire on the crowd and a number of agitators were injured. The recent round of protests has also seen hundreds of protesters being arrested.

In 1922, Mahatma Gandhi was charged with the same Section along with Shankarlal Ghelabhai Banker, the publisher of Young India. This is what Gandhiji said in his trial statement:

“I have no desire whatsoever to conceal from this court the fact that to preach disaffection towards the existing system of Government has become almost a passion with me…” Sedition, said Gandhi, “in law is a deliberate crime”, but it “appears to me to be the highest duty of a citizen.”

While the Manmohan Singh government lauded its nuclear deal with the US as a rendezvous of the “worlds largest and the oldest democracies”, it is bent on pushing the nuclear projects in the country with utmost contempt for basic democratic norms. Not only has it discarded the unanimous resolutions of the elected local governing bodies of people in the affected villages disapproving such projects, but it has also disregarded the objections and requirements of its own institutions and norms meant for safeguarding citizen’s safety, health, livelihood and democratic rights.

In the recent history, the most blatant and vulgar ‘cash-for-votes’ scam and open undermining of democratic process to hasten the conclusion of the Indo-US nuclear deal was presided by a government that swears by the name of democracy and common people. The corrupt lobbyist were given prestigious national awards for facilitating the passage of the nuclear deal in the US congress. In a number of ways, the most fundamental democratic rights and norms have been violated in Koodankulam and other places where people are resisting the insane nuclear mirage:

The nuclear establishment in India has always been a holy cow, above any public scrutiny and audit. In the past, the Atomic Energy Commission has brushed aside AERB’s own safety reports and recommendations, changing their labels from ‘confidential’ to ‘top secret’ within a couple of days.

The political decisions on nuclear issues are always made with the nuclear establishment itself as the only source of expertise and having a final say in all things nuclear. During the consultations on the Nuclear Liability Bill last year in the Parliament’s Standing Committee, the objections raised by several ministries, including the Health Ministry and the MoEF, that the country is not in a position to handle massive nuclear accidents, were sidelined under pressure from the nuclear suppliers on the one side and the nuclear establishment on the other.

The Nuclear Liability Rules recently notified to implement the Nuclear Liability Act have circumvented the Act itself by restricting the “product liability period” to mere 5 years. This is blatant violation of our parliament under corporate pressure.

There has been no public hearing in Koodankulam for Environmental Impact Assessment (EIA) . The NPCIL defends it on the pretext that the then MoEF rules did not mandate a compulsory public hearing.

The EIA reports must be made available to people according to the established norm in the local language. However, in Koodankulam’s case, the EIA report has been publicized not only too late, but also only in English language.

Same with Coastal Regulation Zone stipulations. Despite gross violation of CRZ rules in constructing the Reactors 1 & 2 within 500 Mtrs from the High Tide Line (HTL), the government’s Expert panel has defended it as the MoEF rules in 1989 allowed DAE constructions within the HTL and CRZ rules were adopted only in 1991, subsequently revised in 2011.

The Koodankulam Reactors 1 & 2 violate the the AERB instructions of 1998 which required two sources of water (from the reservoirs of Pechiparai and Upper Kodyar) to ensure adequate water supply against a loss of cooling accident, the biggest vulnerability of reactors. Independent studies have underlined the grave risk this violation poses to KKNPP’s safety. It was revealing in the post Fukushima Safety task Force Report of the NPCIl itself that while the Madras Atomic Power Station (MAPS) has a water reserve of 77.3 cubic meters per MWe, the Koodankulam reactors have only 5.1 cubic meters!

Our experts are avoiding the crucial question in Koodankulam: why this reassurance when the Russian agencies themselves have questioned the safety of VVER design being built in Koodankulam, in their post-Fukushima safety audit.

While the government has imposed sedition charges in Koodankulam, in Jaitapur it has imposed Section 144 in the entire district, passed extermination orders against the local leaders and prevented activists from the nearby areas from entering the district. In the past agitations, the police has detained even the former Chief Justice of the Bombay High Court.

When it comes to nuclear, truth and democracy become the first casualties. Eminent Scholars like Robert Jungk have warned about ‘the important social role of nuclear energy in the decline of the constitutional state into the authoritarian nuclear state’. It is almost a universal trend. A report published by the American National Advisory Committee on Criminal Justice in 1977 suggested that:

“….in view of the ‘high vulnerability of technical civilization’, emergency legislation should be introduced making it possible temporarily to ignore constitutional safeguards without previous congressional debate or consultation with the Supreme Court.”

India’s current nuclear expansion exemplifies this counter-democratic character of the nuclear energy industry. The entire ‘energy security’ rationale is actually a later concoction after assuring business of 10,000 MWs each to US and French companies on the even of the NSG clearances in 2008. The decision to import nuclear reactors caught the Department of Atomic Energy itself unawares and initially several eminent figures from the nuke establishment openly voiced differences, only to start toeing the government line shortly thereafter.

Thus, the ruling elite of this country in its desperate attempts to woo the global nuclear industry is undermining practically every democratic institution, including some of their own important norms. The drive for neoliberal ‘development’ in recent decades in India, and in particular its nuclear expansion is marked with undermining of democratic ethos . The struggle against nuclear policies is thus a struggle to save our democracy.

People of south India are actually struggling to start KKNPP . There are many organization , groups , industrialist , scientists in and around Kudankulam are in full support of KKNPP. The recent updates on human chain initiative consisting tens of thousands of south Tamilandu people organized by various social and industrial groups in Madurai and Tirunelveli shows the strong support for KKNPP. These are the people of southIndia who have realized the need of nuclear power. The time will come soon for everyone in India to realize the same. It is noted that Dr Abdul Kalam and 15 members central Govt expert committee consisting all local experts have already reassured the safety and supported the Kudankulam plant.

India needs to have all form of energy in basket and grab the available other sources for speedy development.

But as of now no other energy source can beat nuclear on its power potential, size and technological capability.

Hence Nuclear Power in our energy mix is very much needed and therefore power from Kudankulam can not be avoided.

Amar

"When it comes to nuclear, truth and democracy become the first casualties."

How rightly said !

Mr. Durai. Please share with us any proof of "tens of thousands" of Tamilnadu people coming out in favor of the project.

You have just lies and same illogical ranting that you keep repeating in all your comments.

Rushal

There are crucial links that you are missing…

1. Vested interests of the Nuclear industry world-over are HIDING from public the impacts of Nuclear Energy on humans and environment – and therefore most people make their viewpoint based on incomplete facts and knowledge

2. Kalam has no business with Nuclear Energy. He might be a space scientist (actually he was not even a scientist, he was just managing a group of scientists). So when he says anything about Nuclear, we should smell something unusual.

3. Media and (bikau) intellectuals and scientists of this country have sold our country to these corporates for short term benefits – but we as people need to raise serious concerns

4. It is totally possible to have the required energy (energy is not electricity all the time) for our country WITHOUT Nuclear Power. Alternatives are never discussed or RESEARCHED – as they are not that lucrative!

A fast being observed in Tirunelveli on Saturday demanding the immediate commissioning of Kudankulam Nuclear Power Project. Photo: A. Shaikmohideen

“Fish breeding will not be affected, as feared by fishermen”

Leaders of various communities observed a fast at Palayamkottai on Saturday demanding early commissioning of Kudankulam Nuclear Power Project (KKNNP) “to liberate Tamil Nadu reeling under severe power cut.”

One of the resolution passed at the protest appealed to the fishermen to support the project as it had been assured by experts that the nuclear reactors’ coolant water would not affect fish breeding and hence the livelihood of fishermen and it had been proved at Kalpakkam.

The Central and State governments should take stringent action against those who were demanding the copies of highly classified documents pertaining to the nuclear programmes of the country and inter-governmental agreements.

Since a huge number of educated youths from the southern districts had migrated to various parts of the country in search of employment, the Centre should recruit qualified youths from this region for various positions at the nuclear plant. Besides improving the social infrastructure in and around Kudankulam, the governments should ensure the establishment of colleges offering professional courses in this region.

The protestors also demanded a comprehensive probe to unmask the “foreign forces behind the ongoing anti-KKNPP protests.”

Chennai, Nov 12: With the anti-nuclear power plant stir gaining steam both at the Kudankulam plant and the Kaiga plant at Tamil Nadu and Karnataka respectively, there is a different sort of agitation looming. After the anti-nuclear agitation, it is now the turn of a pro-nuclear plant stir at Kudankulam that has caught everyone’s attention. The pro stir was called by the Indian National Trade Union Congress (INTUC) near Tirunelveli district in Tamil Nadu.

A Congress MP representing the Tirunelveli constituency said, “Congressmen are also participating in the rally and we expect around 3,000 people in support of the nuclear plant.”

Meanwhile, the anti-nuclear plant stir is continuing with 6,000 people congregating at the Chettikulam village for a one-day token fast while villagers from Idinthakarai are observing a relay fast for the 25th day straight. Heading the agitation is M Pushparayan, member of the state committee of People’s Movement Against Nuclear Energy. The fishermen also boycotted from going to sea to express their solidarity to the protest in Chettikulam.

The Kudankulam agitation is gaining strength by the day with as many as 100 anti-nuclear power activists reaching the protest site from Madurai to join in the protests against the Kudankulam Nuclear Power Project (KNPP).

The protest site is abuzz with noted anti-nuclear personalities addressing people at Chettikulam and Idinthakarai on other ways to generate power besides going the atomic way.

OneIndia News
one more
Members of pro-Kudankulam project submits memorandum to Collector

Members of the Kudankulam Nuclear Power Project Supporters’ Movement submitted memorandum to Collector R. Selvaraj on Friday, urging the district administration to initiate immediate steps for the early commissioning of the nuclear power plant.

Led by former district panchayat councillor N. Vijayan of the Dravida Munnetra Kazhagam, they handed over the memorandum to Dr. Selvaraj at the Collectorate.

Prior to their meeting with the Collector, members of the movement from Kudankulam, Chettikulam, Karaisuttrupudhur, Parameshwara puram, Uthayaththur, Radhapuram, Samooharengapuram, Thisaiyanvilai, Kasthurirengapuram, Aavaraikulam, Idaiyankudi, Pillaiyaarkudiyiruppu, Kottaikarunkulam, Amaravathivilai and Irukkanthurai villages and a section of the newly-elected local body representatives from these hamlets met at Chettikulam on Thursday.

The meeting, attended by the local leaders of various political parties except the All India Anna Dravida Munnetra Kazhagam and the Marumalarchi Dravida Munnetra Kazhagam, unanimously decided in favour of the commissioning of the KKNPP on an early date, “so as to feed the power-starved State.”

“We’ve decided to organise intensive campaign in support of KKNPP in the villages and distribute pamphlets and handbooks explaining the most modern safety features incorporated at KKNPP and the advantages of having such an ambitious programme at Kudankulam,” said Mr. Vijayan adding that the campaign to be launched by the supporters’ movement would wipe out all the myths pertaining to the nuclear programme.

“If the Central and State governments are still reluctant and allow the present stalemate to continue, we’ll organise series of protests demanding the immediate commissioning of the KKNPP,” he said.

Hence no lies only truth.Please accept the truth that no other energy source gives the amount of energy that nuclear gives.Hence we are in need of Kudankulam power.

Rushal

The above comment was in conversation with Durai…

Generally – the article is superb! Good collection of facts

Maxmilanj

Author clearly stated numerous techniques used by government to halt the genuine agitation, that includes imposing cases against agitators sec 121 waging war against Nation and imposed sec 144 in the entire district in Maharashtra . The world largest democratic country’s cheap politics and how it uses official whip to break the protest. Only question in this regard KKNPP protest is a people agitation against the project, why it considered as war against nation. This article clearly point out corridors of Delhi how bend itself to the corporates and what are the covert steps taken by government and NPCIL to conceal the information regarding plant and its safety features to the Localities. It exposes the substandard safety features of the project. Once more it points out Nuclear energy is always considered Holy cow whatever the Government and NPCIL view is always correct.
Not only in Independence era today also we have lot of “Ettappa’s”, always their motive is self-centered not public oriented. They portray themselves as they are supporting genuine cause that is nation building and hide all ground realities. We should not think out that black sheep’s. If you are fighting for the genuine cause they will crucify also. Always have one motto that is we should not comprise anything that affect the wellbeing our people.

durai

Agitating to stop the completed plant Just because there is fear of safety risk (which are being addressed by experts) is not acceptable.The safety aspects have been reaffirmed by many experts that KKNPP has latest and best safety features of the world.Therefore with 40 years of nuclear experience KKNPP is the need of time for all of us.Tamilandu's industrial belt is suffering from severe power cuts for which we have no other immediate solution than KKNPP as none can beat its large power potential.Therefore KKNPP be allowed to come taking all local people also in to confidence for which State govt ,central govt ,local experts and NPCIL have to work together . We need to trust and have confidence in KKNPP as many of the 15 member local expert committee members and thousands of nuclear experts are staying in and around KKNPP in southern Tamilnadu which itself shows us the plant is safe.Hence we need KKNPP to remove the 8 hours of power cuts in Tamilnadu which will bring cheers to crores of people.

MaxmilanJ

Mr.Durai we accept your comments on safety standards ahered. Please ask NPCIL and KKNPP to share project design and how justify it is safe and clear people about liabilty in case of any accidents. don't say these are intergovenment agreement we could not share in public domain.. Even Russian authorities accepted russian reactors threat to human and environment

durai

I don’t think that some confidential official documents can be shared by govt authority .It has to be decided in high levels as it involves sharing of proprietary design aspects of reactors which may have been feared for leak.

Russian experts have reaffirmed that the Kudankulam plant is safer than Chernobyl and Fukushima.Thousands of nuclear experts from India and Russia are staying near the plant that itself gives us confidence that the plant is safe.

It is my opinion that unshared design aspects and informations can not be the reason for stopping Kudankulam which is ready to remove the power cuts and darkness of Tamilnadu.

Amar

Durai,

Your lies are caught here repleatedly by several people but you still continue to shamelessly rant them.

You have said: "Russian experts have reaffirmed that the Kudankulam plant is safer than Chernobyl and Fukushima." Then why does our entire nuclear establishment does not talk care to reply about the Russian post-Fukushima safety report prepared by the Russian agencies and submitted to their President, which clearly says that Russian nuke industry, including its VVER design, has high number of vulnerabilities and are not prepared for any large scale disaster (link here – http://www.bellona.org/articles/articles_2011/ros…

The agitators have not demanded the design blueprint. They are asking for safety related documents which are shared by the industry all over the world. Our NPCIl took 20 years to share the EIA which it has put on its website recently, in fact EIA is shared to people in local language before environmental clearance.

You have posted full news reports which are basically about that congress party's foot soldiers and in some cases hired small crowds, and you put them on par with the large number of poor fishermen and farmers that have come to save their livelihoods and life. Shame on you !

Our nuclear elites and policy makers can shy away from Russia's own report, have no qualms in buying MPs to get the nuclear deal passed, can shamelessly sabotage the nuclear liability by bringing out rules which are against the Liability Act itself. Its clear that we can not leave our people's lives hostage to such nuclear "experts" and their political masters.

Amar

Durai,

Your lies are caught here repleatedly by several people but you still continue to shamelessly rant them.

You have said: "Russian experts have reaffirmed that the Kudankulam plant is safer than Chernobyl and Fukushima." Then why does our entire nuclear establishment does not talk care to reply about the Russian post-Fukushima safety report prepared by the Russian agencies and submitted to their President, which clearly says that Russian nuke industry, including its VVER design, has high number of vulnerabilities and are not prepared for any large scale disaster (link here – http://www.bellona.org/articles/articles_2011/ros…

The agitators have not demanded the design blueprint. They are asking for safety related documents which are shared by the industry all over the world. Our NPCIl took 20 years to share the EIA which it has put on its website recently, in fact EIA is shared to people in local language before environmental clearance.

You have posted full news reports which are basically about that congress party's foot soldiers and in some cases hired small crowds, and you put them on par with the large number of poor fishermen and farmers that have come to save their livelihoods and life. Shame on you !

Our nuclear elites and policy makers can shy away from Russia's own report, have no qualms in buying MPs to get the nuclear deal passed, can shamelessly sabotage the nuclear liability by bringing out rules which are against the Liability Act itself. Its clear that we can not leave our people's lives hostage to such nuclear "experts" and their political masters.

Maxmilanj

Today we are discussing Liability bill for Nuclear energy. Section 17 clause (b) deals how much liability by Equipment supplier and Operator. Answer for KKNP, it involves Inter Governmental pact we need not disclose the information. In the Liability bill we deal with NSG (Group of nation) and Nuke Equipment supplier. How is it differing?

krishna

Mr.Amar, Before blaming anyone please try to read and understand facts and then do. I read the Russian post-Fukushima report (the link provided by you). It has points 1.1 to 8.6.
Show me one point which blames the VVER 1000 design (VVER 1000 is the kudankulam design). Mention the serial no where it talks about flaw about the type which we have it.

Please go through it full. They mentioned the present problems in VVER440 and RBMK 1000. Because they are old designs. In the same report they mentioned the solution approach and time frame for completion.

Please remember, all the nuclear reactors are not Chernobyl. If you understand, how it differs, lot of information is available in the open literature.

Durai

Amar…. no lies only truth_ when such a dangerous Tsunami to the height of 133ft occurs, not only KKNPP the entire southern Tamilnadu will be washed away. Therefore our fear due to radition risk alone can not be reason for stopping the plant.We all know that when such dangerous Tsunami to large height occurs no one can escape in coastal region even without KKNPP.But it does not mean that we stay away from coastal areas.When we are not scared of such dangerous Tsunami of large height how can our fear on KKNPP radiation risk alone be assumed to be larger that?.We also know that Tsunami washed cities of japan may take decades to rebuild and trillions to loss.Therefore you will agree that KKNPP alone can cause such damage is not correct._We all know that KKNPP has been designed with many redundent,diversified, and better safety systems based on previous years of history of geological and environmenta studies and 40 years of nuclear experience.Regarding supporters for KKNPP I have many proof of specially industralist and common people supporting KKNPP but thisr blog will be overloaded.If need I can paste it._Hence I have no lies.The truth is that, we need KKNPP to come out of fear of darkness.

krishna kumar

What an imagination , March 11, 2001 , Tsunami generated in Japan due to earthquake was max height of 46 ft , there epicentre was 180 km from Seashore of japan. 2004 tsunami, the epicentre was in Sumatra ans that is around 2000 km from our seashore. Do you believe that if the Tsunami height is 133ft, St.Thirvalluvar statue can stand today like this. 2004 Tsunami, nothing happened to the structures of Thiruvalluvar statue, Vivekanada memorial, Bhagavati amman temble, Veelankani church, memorials in Marina beach etc etc. Now you are doubting the integrity of a structure which designed and qualified to withstand hightest magnitude earthquake and Tsunami. Please don't confuse with water splashing, wave runup, Tsunami flood etc….

Coming back to Koodankulam plant, given the fact that the construction of the plant has been in progress since 1997 it is using a 15 years old technology. Hence, I doubt the plant would be equipped with all the latest Passive Core Cooling system and latest back- up mechanism(s) to handle a worst case disaster scenario such as a tsunami.

The Editor of DiaNUKE has the responsibility to provide answers to several objections being raised by the protogonists of Nuclear plants.This is necessary because the editor of DiaNuke alone knows the answers provided by several experts under various headings.Atleast the concerned references must be given to the public so that they can browse through them to grsp the problem fully.Repetitions by Nuclear proponents is tantamount promotion of Goebbels propaganda while true facts do lie hidden in your web site.